How much money was awarded in case 4628149?

Filing Fee: $20.44 awarded to landlord; Property Damage: $117.00 awarded to landlord; Rent Arrears: $1,607.00 awarded to landlord; Carpet: Excess: $550.00 awarded to landlord; Kitchen Vinyl: $550.00 awarded to landlord; Replace Furnishings: Oven: Excess: $550.00 awarded to landlord; Rubbish Removal: $75.00 awarded to landlord; Water Rates: $371.75 awarded to landlord

What type of tenancy dispute was case 4628149?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 4628149?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9360306-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 4628149?

Filing Fee: $20.44 awarded to landlord; Property Damage: $117.00 awarded to landlord; Rent Arrears: $1,607.00 awarded to landlord; Carpet: Excess: $550.00 awarded to landlord; Kitchen Vinyl: $550.00 awarded to landlord; Replace Furnishings: Oven: Excess: $550.00 awarded to landlord; Rubbish Removal: $75.00 awarded to landlord; Water Rates: $371.75 awarded to landlord

What type of tenancy dispute was case 4628149?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 4628149?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9360306-Tenancy_Tribunal_Order.pdf.

Unit/Flat 1, 31 Abraham Heights, Washington Valley, Tenancy Tribunal Case 4628149 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 4628149?

The tribunal order states: No application for suppression has been made in this case and no suppression

Order

Claims and awards in Tenancy Tribunal application 4628149 — net $2,491.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,607.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water rates	$371.75	Water rates
Repairs: Carpet: excess	$550.00	Repairs: Carpet: excess
Repairs: Vinyl flooring: excess	$550.00	Repairs: Vinyl flooring: excess
Replace furnishings: Oven: excess	$550.00	Replace furnishings: Oven: excess
Lock/key replacement	$117.00	Lock/key replacement
Rubbish removal	$75.00	Rubbish removal
Net award	$2,491.19
Total payable by Tenant to Landlord	$2,491.19

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.

Samantha Rochelle Potter must pay Anthony Charlton $2,491.19 immediately, calculated as shown in table below.

The Bond Centre is to pay the bond of $1,350.00 () to Anthony Charlton immediately.

The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.

Reasons

The landlord attended the hearing. There was no appearance by the tenant.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 10 July 2023. That was one day later than the date ordered in TT4517569 dated 8 June 2023, as mutually agreed. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy, and as ordered.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord sought $75.00 for landfill disposal costs. The need was evidenced by a number of photos and the cost support by an invoice. The $75.00 is award in full.

The tenant did not return the keys and the locks were replaced at a cost of $117.00. This was evidenced by invoices supplied.

The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.

Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA. The landlord had an insurance excess of $550.00 per claim.

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.

Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.

Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.

The following damage was caused during the tenancy: a. The carpet was damaged beyond repair. It has been replaced at a cost of $3,821.70. An insurance claim has been lodged and the excess of $550.00 sought. b. Flooring vinyl was damaged beyond repair. The estimated cost of replacement was $3000.00. An insurance claim has been lodged and the excess of $550.00 sought. c. The oven was damaged in a number of places and deemed uneconomic to repair by the electrician. It requires replacement and a like-for-like costs is estimated at $2000.00. An insurance claim has been lodged and the excess of $550.00 sought.

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.

The amounts ordered for excess claims are proved and these costs are the lesser of the liable replacement amount.

I decline the claim for $50.00 for floor damage around the shower entry. The use of carpet and no obvious water sealing means water damage to the chipboard underneath was more than likely. The owner has replaced the damaged floor and used a more practical lino flooring now.

I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. For each applicable claim the depreciated value would be greater than the insurance excess as claimed.

The landlord accepted the insurer may take view each claim differently and appreciated the compensation as claimed and ordered today are final. Disposal of goods

The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy and the landlord is unable to contact the tenant.

It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them. Therefore the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986. Application filing fee

Because Anthony Charlton has wholly succeeded with the claim I must reimburse the filing fee.

Claims and awards in Tenancy Tribunal application 4628149 — net $2,491.19 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears	$1,607.00	Rent arrears
Filing fee reimbursement	$20.44	Filing fee reimbursement
Water rates	$371.75	Water rates
Repairs: Carpet: excess	$550.00	Repairs: Carpet: excess
Repairs: Vinyl flooring: excess	$550.00	Repairs: Vinyl flooring: excess
Replace furnishings: Oven: excess	$550.00	Replace furnishings: Oven: excess
Lock/key replacement	$117.00	Lock/key replacement
Rubbish removal	$75.00	Rubbish removal
Net award	$2,491.19
Total payable by Tenant to Landlord	$2,491.19

Order

No application for suppression has been made in this case and no suppression orders apply around publication of this decision.
Samantha Rochelle Potter must pay Anthony Charlton $2,491.19 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $1,350.00 () to Anthony Charlton immediately.
The landlord may dispose of the other goods left at the premises by the tenant as the landlord sees fit.

Reasons

The landlord attended the hearing. There was no appearance by the tenant.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent and water rates?

The tenancy ended on 10 July 2023. That was one day later than the date ordered in TT4517569 dated 8 June 2023, as mutually agreed. The landlord provided rent records and water rates invoices which prove the amounts owing at the end of the tenancy, and as ordered.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not leave the premises reasonably clean and tidy, and did not remove all rubbish. The landlord sought $75.00 for landfill disposal costs. The need was evidenced by a number of photos and the cost support by an invoice. The $75.00 is award in full.
The tenant did not return the keys and the locks were replaced at a cost of $117.00. This was evidenced by invoices supplied.
The amounts ordered are proved.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). See section 49B(3)(a) RTA. The landlord had an insurance excess of $550.00 per claim.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). See section 49B(3)(b) RTA. Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. See section 49B(3A)(a) RTA.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
The following damage was caused during the tenancy: a. The carpet was damaged beyond repair. It has been replaced at a cost of $3,821.70. An insurance claim has been lodged and the excess of $550.00 sought. b. Flooring vinyl was damaged beyond repair. The estimated cost of replacement was $3000.00. An insurance claim has been lodged and the excess of $550.00 sought. c. The oven was damaged in a number of places and deemed uneconomic to repair by the electrician. It requires replacement and a like-for-like costs is estimated at $2000.00. An insurance claim has been lodged and the excess of $550.00 sought.
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage.
The amounts ordered for excess claims are proved and these costs are the lesser of the liable replacement amount.
I decline the claim for $50.00 for floor damage around the shower entry. The use of carpet and no obvious water sealing means water damage to the chipboard underneath was more than likely. The owner has replaced the damaged floor and used a more practical lino flooring now.
I have taken into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations, and should not be better or worse off. In calculating depreciation, I have taken into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. For each applicable claim the depreciated value would be greater than the insurance excess as claimed.
The landlord accepted the insurer may take view each claim differently and appreciated the compensation as claimed and ordered today are final. Disposal of goods
The landlord has applied for the disposal of goods the tenant left at the premises at the end of the tenancy and the landlord is unable to contact the tenant.
It is not practicable for the landlord to the return the goods to the tenant. The value of the goods is below the cost of storing, transporting and selling them. Therefore the landlord may dispose of the goods. See sections 62(3)(b), 62B(2) and (3) Residential Tenancies Act 1986. Application filing fee
Because Anthony Charlton has wholly succeeded with the claim I must reimburse the filing fee.

Tenancy Tribunal case 4628149 — Rent arrears at Unit/Flat 1, 31 Abraham Heights, Washington Valley,

At a glance

Tenancy Tribunal case 4628149 — Rent arrears at Unit/Flat 1, 31 Abraham Heights, Washington Valley,

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent and water rates?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions